What happens after you’re charged with a DUI? First, you need to hire a DUI lawyer to defend you in court. Yes, there will be court hearings, but will you have to attend them? To answer this and gain a better understanding of what actually a DMV hearing is, you need to know the difference between appearing in court for a DUI charge and DMV hearing.
The Difference Between a Court Hearing and DMV Hearing
You will have a DMV administrating hearing and the criminal court process. The court hearing will look at your criminal charges whereas the DMV hearing is an administrative proceeding that looks at the suspension or revocation of your driver’s license.
Even though you are scheduled to appear for a court hearing held to address your DUI charge, the DMV will give you the right to a hearing, if you want it. Both times, you should hire a DUI attorney to help you navigate through these two types of hearings.
Why Does the DMV Provide You with the Right to a Hearing?
The DMV provides you with the right to a hearing because of the state and federal laws that state no person should be deprived of property — in this case, a driver’s license — without conducting a due process of law.
If the DMV wants to take away a person’s driving privileges, they need to provide them with a chance to tell their side of the story. Since in most cases, the DMV will take this action hence it is important that you hire a DUI attorney.
What Does the DMV Hearing Address?
·A DMV hearing only addresses your driving privileges and includes the following questions:
·Did the police officer have a reason to assume that you were driving while intoxicated?
·Did you submit to a blood or breath test?
·Did the police officer stop you unlawfully?
·Were you arrested and if you were, was the arrest lawful?
·Were you driving a car with a BAC of .08% or more?
Do You Have to Attend a DMV Hearing?
No, you are not obligated to attend a DMV hearing. However, if you wave your right to a DMV hearing, the DMV will suspend your driver’s license instantly whether or not you were driving while intoxicated. If you do decide to have a DMV hearing, which you should with a DUI lawyer, you need to request for it within 10 days of your DWI arrest. Otherwise, the DMV will suspend your driver’s license after your temporary driving permit expires. If you do request a DMV hearing, you do not have to go to it, but you can send your DUI attorney to attend it on your behalf.
If you are looking for a qualified DUI lawyer to attend your DMV hearing, please feel free to contact us.